european court of human rights : questions and answers

8/8/2019 EUROPEAN COURT OF HUMAN RIGHTS : QUESTIONS AND ANSWERS

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EUROPEAN COURT OF

HUMAN RIGHTS :

Q UESTIONS AND

ANSWERS

R EGISTRY OF THE COURT



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WHAT IS THE EUROPEANCOURT OF HUMAN RIGHTS?

he European Court of Human Rights is aninternational court based in Strasbourg. Itconsists of a number of judges equal to thenumber of member States of the Council of

Europe that have ratified the Convention for theProtection of Human Rights and FundamentalFreedoms – currently forty-seven1. The Court’sjudges sit in their individual capacity and do notrepresent any State. In dealing with applications, theCourt is assisted by a Registry consisting mainly of lawyers from all the member States (who are alsoknown as legal secretaries). They are entirely independent of their country of origin and do notrepresent either applicants or States.

WHAT IS THE EUROPEANCONVENTION ON HUMANRIGHTS?

he European Convention on Human Rightsis an international treaty which only memberStates of the Council of Europe may sign.

The Convention, which establishes theCourt and lays down how it is to function, contains a

list of the rights and guarantees which the States haveundertaken to respect.

WHAT DOES THEEUROPEAN COURT OFHUMAN RIGHTS DO?

he Court applies the European Conventionon Human Rights. Its task is to ensure thatStates respect the rights and guarantees set

out in the Convention. It does this by examining complaints (known as “applications”)lodged by individuals or, sometimes, by States.

Where it finds that a member State has violated oneor more of these rights and guarantees, the Courtdelivers a judgment. Judgments are binding: thecountries concerned are under an obligation tocomply with them.

1 Not all member States have ratified all the Protocols to

the Convention (instruments creating additional rights).Information on the subject can be found on our Internetsite.

WHEN CAN I APPLY TO THEEUROPEAN COURT OFHUMAN RIGHTS?

ou may lodge an application with the Courtif you consider that you have personally anddirectly been the victim of a violation of therights and guarantees set out in the

Convention or its Protocols. The violation must havebeen committed by one of the States bound by theConvention.

What rights are protected bythe Convention and itsProtocols?

The following rights, in particular, are protected: the right to life;

the right to a fair hearing in civil and criminalmatters;

the right to respect for private and family life;

freedom of expression;

freedom of thought, conscience and religion;

the right to an effective remedy;

the right to the peaceful enjoyment of possessions; and

the right to vote and to stand for election.

What do the Convention and itsProtocols prohibit?

The following, in particular, are prohibited: torture and inhuman or degrading treatment or

punishment;

arbitrary and unlawful detention;

discrimination in the enjoyment of the rights and

freedoms set out in the Convention;

the expulsion by a State of its own nationals orits refusing them entry;

the death penalty; and

the collective expulsion of aliens.

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WHAT CONDITIONS DO IHAVE TO SATISFY TOLODGE AN APPLICATION?

What are the conditionsrelating to me personally?

You do not need to be a national of one of States bound by the Convention. The violationyou are complaining of must simply have beencommitted by one of those States within its“jurisdiction”, which usually means within itsterritory.

You can be a private individual or a legal entity

such as a company or association. You must have directly and personally been the

victim of the violation you are alleging. Youcannot make a general complaint about a law ora measure, for example because it seems unfair;nor can you complain on behalf of other people(unless they are clearly identified and you aretheir official representative).

Are there any procedures thatmust be followed beforehand

in the national courts? Yes. You must have used all the remedies in the

State concerned that might have been able toredress the situation you are complaining about(usually, this will mean an application to theappropriate court, followed by an appeal, whereapplicable, and even a further appeal to a highercourt such as the supreme court orconstitutional court, if there is one).

It is not enough merely to make use of theseremedies. In so doing, you must also haveactually raised your complaints (that is, thesubstance of the Convention violations you arealleging).

You have only six months from the date of thefinal decision at domestic level (generally speaking, the judgment of the highest court) tolodge an application. After that period yourapplication cannot be accepted by the Court.

Against whom can I lodge anapplication?

Against one or more of the States bound by theConvention which, in your opinion, has/have

(through one or more acts or omissions directly affecting you) violated the EuropeanConvention on Human Rights.

The act or omission complained of must havebeen by one or more public authorities in theState(s) concerned (for example, a court or an

administrative authority).

The Court cannot deal with complaints againstindividuals or private institutions, such ascommercial companies.

What can my application beabout?

Your application must relate to one of the rightsset out in the European Convention on HumanRights. Alleged violations may cover a wide

range of issues, such as: torture and ill-treatmentof prisoners; lawfulness of detention;shortcomings in civil or criminal trials;discrimination in the exercise of a Conventionright; parental rights; respect for private life,family life, the home and correspondence;restrictions on expressing an opinion or onimparting or receiving information; freedom totake part in an assembly or demonstration;expulsion and extradition; confiscation of property; and expropriation.

You cannot complain of a violation of any legalinstrument other than the European Convention

on Human Rights, such as the UniversalDeclaration of Human Rights or the Charter of Fundamental Rights.

HOW SHOULD I APPLY TOTHE COURT IF I CONSIDERMYSELF TO BE THE VICTIMOF A VIOLATION OF THECONVENTION?

y sending a letter to the Court giving cleardetails of your complaint (in which case you

will receive an application form which mustbe filled out) or by filling out an application

form2 directly. The letter and/or application formshould be sent to the following address:

The RegistrarEuropean Court of Human Rights

Council of EuropeF-67075 Strasbourg Cedex

2 The application form can be found on our Internet site.

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You may write in one of the Court’s officiallanguages (English and French) or in an officiallanguage of one of the States that have ratifiedthe Convention.

If you lodge your application by fax, you mustalso send the original by post.

Do not come to Strasbourg in person to state your case orally. Your case will not beexamined any more quickly and you will notreceive any legal advice.

The Registry may ask you for additionaldocuments, information or explanations relating to your complaints.

As soon as you have a copy of the applicationform, you should fill it out carefully and legibly and return it as quickly as possible. It mustcontain :

a brief summary of the facts and yourcomplaints;

an indication of the Convention rights youthink have been violated;

the remedies you have already used;

copies of the decisions given in your case by all the public authorities concerned ( thesedocuments will not be returned to you, soonly copies should be sent ); and

your signature as the applicant, or yourrepresentative’s signature.

If you do not wish your identity to be disclosed,you must inform the Court immediately, giving reasons. The President will determine whetheryour request is justified.

At this stage of the proceedings you do not haveto be represented by a lawyer. If, however, you

wish to apply to the Court through arepresentative, you must send with the formyour authority for him or her to act on yourbehalf.

What are the main features of

the proceedings? Proceedings are conducted in writing. You will

be informed in writing of any decision taken by the Court. Public hearings are exceptional.

Your case will be dealt with free of charge.

Although you do not need to be represented by a lawyer in the first stages of the proceedings,you will need a lawyer once your application hasbeen notified to the Government. The greatmajority of applications are, however, declaredinadmissible without being notified to the

Government.

You will have to bear only your own costs (suchas lawyers’ fees or expenses relating to researchand correspondence).

After your application has been lodged, you may apply for legal aid. Legal aid is not grantedautomatically, and awards are not made

immediately but only at a later stage of theproceedings.

What are the main stages inthe process?

The Court must first examine whether yourapplication is admissible. This means that thecase must comply with certain requirements setout in the Convention (see “What conditions doI have to satisfy to lodge an application?” onpage 3). If the conditions are not satisfied, yourapplication will be rejected. If you have madeseveral complaints, the Court may declare one ormore of them admissible and dismiss the others.

If your application or one of your complaintsis declared inadmissible, that decision isfinal and cannot be reversed.

If your application or one of your complaints isdeclared admissible, the Court will encourage theparties (you and the State concerned) to reach afriendly settlement. If no settlement is reached,the Court will consider the application “on themerits” – that is, it will determine whether or not

there has been a violation of the Convention.

How long shall I have to wait?

In view of the current backlog of cases, you may have to wait a year before the Court can proceed

with its initial examination of your application.Some applications may be treated as urgent anddealt with as a matter of priority, particularly

where the applicant is said to be in imminentphysical danger.

WHAT CAN I HOPE TOOBTAIN?

f the Court finds that there has been a violation,it may award you “just satisfaction”, a sum of money in compensation for certain forms of damage. The Court may also require the State

concerned to refund the expenses you have incurredin presenting your case. If the Court finds that therehas been no violation, you will not have to pay any

additional costs (such as those incurred by therespondent State).

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Please note:

The Court is not empowered to overrulenational decisions or annul national laws.

The Court is not responsible for the execution

of its judgments. As soon as it has givenjudgment, responsibility passes to theCommittee of Ministers3 of the Council of Europe, which has the task of supervising execution and ensuring that any compensation ispaid.

WHAT IS THE EUROPEAN

COURT OF HUMAN RIGHTSNOT ABLE TO DO FOR ME?

The Court does not act as a court of appeal vis-à-vis national courts; it does not rehear cases,it cannot quash, vary or revise their decisions.

The Court will not intercede directly on yourbehalf with the authority you are complaining about. In exceptional circumstances the Courtmay, however, grant interim measures. As amatter of practice it only does so where there is

a serious risk of physical harm to the applicant. The Court will not help you find or pay a lawyer

to draw up your application.

The Court cannot give you any information onlegal provisions in force in the State against

which your complaints are directed.

Further information about the European Courtof Human Rights can be found on our

Internet site: www.echr.coe.int

3 The Committee of Ministers comprise the memberStates’ ministers for foreign affairs or their representatives.

These questions and answers have been prepared by the Registry of the Court. The document does not bind theCourt. It is intended to provide basic general information about the way the Court works. For more detailedinformation, reference is made to documents issued by the Registry (available on the Court’s website( www.echr.coe.int )) and in particular to the Rules of Court.

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